Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband - Husband cannot be allowed to reduce his financial liability towards the maintenance of his spouse or children by resorting to voluntary deductions or expenses that do not have legal compulsion...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Where accused is in continued incarceration and there is prolonged delay due to trial getting delayed owing to numerous witnesses, benefit of bail can be granted to accused...........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 7, 11, 12 -- Bail - Offence u/ss 7, 11, 12 of 2002 Act - Trial of case has not even started - Admittedly, there are 85 witnesses - Accused has been incarcerated for more than 2-1/2 years - Accused cannot be solely faulted for non-commencement of trial - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 437(6) -- Bail - Where the trial is not concluded within 60 days as prescribed u/s 437(2) Cr.P.C that does not give a right to bail for default - Term "shall" used in S.437 Cr.P.C is discretionary - Court should exercise such powers judiciously and consider other circumstances as provided u/s 437 of the Code of Criminal Procedure...........
Indian Penal Code, 1860, Section 506, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 506, 120-B IPC - Contents of FIR speaks about insult or intimidation - FIR cannot be quashed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife cannot be disentitled from claiming any maintenance merely because she seeks divorce after having left the company of her husband due to sufficient reasons...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely because wife is educated, same alone is not a ground to deny her maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife contended that husband and his family members harassed and taunted wife for insufficient dowry - Testimony of wife was credible and trustworthy - Husband admitted his income to be Rs.13,000 - However, trial Court reasonably assessed the income of husband to be Rs.16,000 - No material on record to show..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Where material placed on record discloses grave suspicion against accused, which has not been properly explained, Court will be fully justified in rejecting application for discharge - Court is not to hold mini trial by marshalling the evidence...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Discharge - Dowry death - There is clear averments in FIR that marriage between accused and deceased has taken place - At the time of incident, deceased was residing with accused - Even otherwise, question as to whether deceased was legally..........
